CHAPTER III

ENCLOSURE (1)

An enclosure, like most Parliamentary operations, began with a petition

from a local person or persons, setting forth the inconveniencies of

the present system and the advantages of such a measure. Parliament,

having received the petition, would give leave for a Bill to be

introduced. The Bill would be read a first and a second time, and

would then be referred to a Committee, which, after considering such

petitions against the enclosure as the House of Commons referred to it,

would present its report. The Bill would then be passed, sent to the

Lords, and receive the Royal Assent. Finally, the Commissioners named

in the Bill would descend on the district and distribute the land. That

is, in brief, the history of a successful enclosure agitation. We will

now proceed to explore its different stages in detail.

The original petition was often the act of a big landowner, whose

solitary signature was enough to set an enclosure process in train.[33]

Before 1774 it was not even incumbent on this single individual to

let his neighbours know that he was asking Parliament for leave to

redistribute their property. In that year the House of Commons made

a Standing Order providing that notice of any such petition should

be affixed to the church door in each of the parishes affected, for

three Sundays in the month of August or the month of September. This

provision was laid down, as we learn from the Report of the Committee

that considered the Standing Orders in 1775, because it had often

happened that those whose land was to be enclosed knew nothing whatever

of transactions in which they were rather intimately concerned, until

they were virtually completed.[34]

But the publicity that was secured by this Standing Order, though it

prevented the process of enclosure from being completed in the dark,

did not in practice give the village any kind of voice in its own

destiny. The promoters laid all their plans before they took their

neighbours into the secret. When their arrangements were mature, they

gave notice to the parish in accordance with the requirements of the

Standing Order, or they first took their petition to the various

proprietors for signature, or in some cases they called a public

meeting. The facts set out in the petition against the Enclosure Bill

for Haute Huntre, show that the promoters did not think that they were

bound to accept the opinion of a meeting. In that case ‘the great

majority’ were hostile, but the promoters proceeded with their petition

notwithstanding.[35] Whatever the precise method, unless some large

proprietor stood out against the scheme, the promoters were masters of

the situation. This we know from the evidence of witnesses favourable

to enclosure. ‘The proprietors of large estates,’ said Arthur Young,

‘generally agree upon the measure, adjust the principal points among

themselves, and fix upon their attorney before they appoint any general

meeting of the proprietors.’[36] Addington, in his _Inquiry into the

Reasons for and against Inclosing_, quoting another writer, says, ‘the

whole plan is generally settled between the solicitor and two or three

principal proprietors without ever letting the rest of them into the

secret till they are called upon to sign the petition.’[37] What stand

could the small proprietor hope to make against such forces? The matter

was a _chose jugée_, and his assent a mere formality. If he tried to

resist, he could be warned that the success of the enclosure petition

was certain, and that those who obstructed it would suffer, as those

who assisted it would gain, in the final award. His only prospect of

successful opposition to the lord of the manor, the magistrate, the

impropriator of the tithes, the powers that enveloped his life, the

powers that appointed the commissioner who was to make the ultimate

award, lay in his ability to move a dim and distant Parliament of

great landlords to come to his rescue. It needs no very penetrating

imagination to picture what would have happened in a village in which a

landowner of the type of Richardson’s hero in _Pamela_ was bent on an

enclosure, and the inhabitants, being men like Goodman Andrews, knew

that enclosure meant their ruin. What, in point of fact, could the poor

do to declare their opposition? They could tear down the notices from

the church doors:[38] they could break up a public meeting, if one

were held: but the only way in which they could protest was by violent

and disorderly proceedings, which made no impression at all upon

Parliament, and which the forces of law and order could, if necessary,

be summoned to quell.

The scene now shifts to Parliament, the High Court of Justice, the

stronghold of the liberties of Englishmen. Parliament hears the

petition, and, almost as a matter of course, grants it, giving leave

for the introduction of a Bill, and instructing the member who

presents the petition to prepare it. This is not a very long business,

for the promoters have generally taken the trouble to prepare their

Bill in advance. The Bill is submitted, read a first and second

time, and then referred to a Committee. Now a modern Parliamentary

Private Bill Committee is regarded as a tribunal whose integrity and

impartiality are beyond question, and justly, for the most elaborate

precautions are taken to secure that it shall deserve this character.

The eighteenth-century Parliament treated its Committee with just as

much respect, but took no precautions at all to obtain a disinterested

court. Indeed, the committee that considered an enclosure was chosen

on the very contrary principle. This we know, not from the evidence of

unkind and prejudiced outsiders, but from the Report of the Committee

of the House of Commons, which inquired in 1825 into the constitution

of Committees on Private Bills. ‘Under the present system each Bill

is committed to the Member who is charged with its management and

such other Members as he may choose to name in the House, and the

Members serving for a particular County (usually the County immediately

connected with the object of the Bill) _and the adjoining Counties_,

and consequently it has been practically found that the Members to whom

Bills have been committed have been generally those who have been most

interested in the result.’

During the seventeenth and eighteenth centuries there developed the

practice of opening the committees. This was the system of applying to

Private Bills the procedure followed in the case of Public Bills, and

proposing a resolution in the House of Commons that ‘all who attend

shall have voices,’ _i.e._ that any member of the House who cared

to attend the committee should be able to vote. We can see how this

arrangement acted. It might happen that some of the county members were

hostile to a particular enclosure scheme; in that case the promoters

could call for an open committee and mass their friends upon it. It

might happen, on the other hand, that the committee was solid in

supporting an enclosure, and that some powerful person in the House

considered that his interests, or the interests of his friend, had

not been duly consulted in the division of the spoil. In such a case

he would call for all to ‘have voices’ and so compel the promoters to

satisfy his claims. This system then secured some sort of rough justice

as between the powerful interests represented in Parliament, but it

left the small proprietors and the cottagers, who were unrepresented in

this mêlée, absolutely at the mercy of these conflicting forces.

It is difficult, for example, to imagine that a committee in which

the small men were represented would have sanctioned the amazing

clause in the Ashelworth Act[39] which provided ‘that all fields or

inclosures containing the Property of Two or more Persons within one

fence, and also all inclosures containing the property of one Person

only, if the same be held by or under different Tenures or Interests,

shall be considered as commonable land and be divided and allotted

accordingly.’ This clause, taken with the clause that follows, simply

meant that some big landowner had his eye on some particular piece of

enclosed property, which in the ordinary way would not have gone into

the melting-pot at all. The arrangements of the Wakefield Act would

hardly have survived the scrutiny of a committee on which the Duke of

Leeds’ class was not paramount. Under that Act[40] the duke was to have

full power to work mines and get minerals, and those proprietors whose

premises suffered in consequence were to have reasonable satisfaction,

not from the duke who was enriched by the disturbing cause, but

from all the allottees, including presumably those whose property

was damaged. Further, to save himself inconvenience, the duke could

forbid allottees on Westgate Moor to build a house for sixty years. A

different kind of House of Commons would have looked closely at the Act

at Moreton Corbet which gave the lord of the manor all enclosures and

encroachments more than twenty years old, and also at the not uncommon

provision which exempted the tithe-owner from paying for his own

fencing.

The Report of the 1825 Committee describes the system as ‘inviting all

the interested parties in the House to take part in the business of

the committee, which necessarily terminates in the prevalence of the

strongest part, for they who have no interest of their own to serve

will not be prevailed upon to take part in a struggle in which their

unbiassed judgment can have no effect.’ The chairman of the committee

was generally the member who had moved to introduce the Bill. The

unreformed Parliament of landowners that passed the excellent Act

of 1782, forbidding Members of Parliament to have an interest in

Government contracts, never thought until the eve of the Reform Bill

that there was anything remarkable in this habit of referring Enclosure

Bills to the judgment of the very landowners who were to profit by

them. And in 1825 it was not the Enclosure Bills, in which the rich

took and the poor suffered, but the Railway Bills, in which rich men

were pitted against rich men, that drew the attention of the House of

Commons to the disadvantages and risks of this procedure.

The committee so composed sets to work on the Bill, and meanwhile,

perhaps, some of the persons affected by the enclosure send petitions

against it to the House of Commons. Difficulties of time and space

would as a rule deter all but the rich dissentients, unless the

enclosure was near London. These petitions are differently treated

according to their origin. If they emanate from a lord of the manor,

or from a tithe-owner, who for some reason or other is dissatisfied

with the contemplated arrangements, they receive some attention. In

such a case the petitioner probably has some friend in Parliament, and

his point of view is understood. He can, if necessary, get this friend

to attend the committee and introduce amendments. He is therefore a

force to be reckoned with; the Bill is perhaps altered to suit him; the

petition is at any rate referred to the committee. On the other hand,

if the petition comes from cottagers or small proprietors, it is safe,

as a rule, to neglect it.

The enclosure histories set out in the Appendix supply some good

examples of this differential treatment. Lord Strafford sends a

petition against the Bill for enclosing Wakefield with the result that

he is allowed to appoint a commissioner, and also that his dispute with

the Duke of Leeds is exempted from the jurisdiction of the Enclosure

Commissioners. On the other hand, the unfortunate persons who petition

against the monstrous provision that forbade them to erect any building

for twenty, forty or sixty years, get no kind of redress. In the case

of Croydon, James Trecothick, Esq., who is dissatisfied with the

Bill, is strong enough to demand special consideration. Accordingly a

special provision is made that the commissioners are obliged to sell

Mr. Trecothick, by private contract, part of Addington Hills, if he so

wishes. But when the various freeholders, copyholders, leaseholders and

inhabitant householders of Croydon, who complain that the promoters

of the Bill have named commissioners without consulting the persons

interested, ask leave to nominate a third commissioner, only four

members of the House of Commons support Lord William Russell’s proposal

to consider this petition, and fifty-one vote the other way. Another

example of the spirit in which Parliament received petitions from

unimportant persons is furnished by the case of the enclosure of Holy

Island. In 1791 (Feb. 23)[41] a petition was presented to Parliament

for the enclosure of Holy Island, asking for the division of a stinted

pasture, and the extinction of the rights of common or ‘eatage’ over

certain infield lands. Leave was given, and the Bill was prepared and

read a first time on 28th February. The same day Parliament received

a petition from freeholders and stallingers, who ask to be heard by

themselves or by counsel against the Bill. From Eden[42] we learn that

there were 26 freeholders and 31 stallingers, and that the latter were

in the strict sense of the term as much freeholders as the former.

Whilst, however, a freeholder had the right to put 30 sheep, 4 black

cattle and 3 horses on the stinted common, a stallinger had a right

of common for one horse and one cow only. The House ordered that this

petition should lie on the table till the second reading, and that

the petitioners should then be heard. The second reading, which had

been fixed for 2nd April, was deferred till 20th April, a change which

probably put the petitioners to considerable expense. On 20th April the

Bill was read a second time, and the House was informed that Counsel

attended, and a motion was made that Counsel be now called in. But the

motion was opposed, and on a division was defeated by 47 votes to 12.

The Bill passed the House of Commons on 10th May, and received the

Royal Assent on 9th June.[43] In this case the House of Commons broke

faith with the petitioners, and refused the hearing it had promised.

Such experience was not likely to encourage dissentients to waste their

money on an appeal to Parliament against a Bill that was promoted by

powerful politicians. It will be observed that at Armley and Ashelworth

the petitioners did not think that it was worth the trouble and expense

to be heard on Second Reading.

The Report of the Committee followed a stereotyped formula: ‘That the

Standing Orders had been complied with: and that the Committee had

examined the Allegations of the Bill and found the same to be true; and

that the Parties concerned had given their Consent to the Bill, to the

Satisfaction of the Committee, except....’

Now what did this mean? What consents were necessary to satisfy the

committee? The Parliamentary Committee that reported on the cost of

enclosures in 1800[44] said that there was no fixed rule, that in

some cases the consent of three-fourths was required, in others the

consent of four-fifths. This proportion has a look of fairness until we

discover that we are dealing in terms, not of persons, but of property,

and that the suffrages were not counted but weighed. The method by

which the proportions were reckoned varied, as a glance at the cases

described in the Appendix will show. Value is calculated sometimes

in acres, sometimes in annual value, sometimes in assessment to the

land tax, sometimes in assessment to the poor rate. It is important to

remember that it was the property interested that counted, and that in

a case where there was common or waste to be divided as well as open

fields, one large proprietor, who owned a considerable property in old

enclosures, could swamp the entire community of smaller proprietors

and cottagers. If Squire Western owned an enclosed estate with parks,

gardens and farms of 800 acres, and the rest of the parish consisted of

a common or waste of 1000 acres and open fields of 200 acres, and the

village population consisted of 100 cottagers and small farmers, each

with a strip of land in the common fields, and a right of common on the

waste, Squire Western would have a four-fifths majority in determining

whether the open fields and the waste should be enclosed or not, and

the whole matter would be in his hands. This is an extreme example of

the way in which the system worked. The case of Ashelworth shows that

a common might be cut up, on the votes of persons holding enclosed

property, against the wishes of the great majority of the commoners.

At Laleham the petitioners against the Bill claimed that they were

‘a great majority of the real Owners and Proprietors of or Persons

interested in, the Lands and Grounds intended to be enclosed.’ At

Simpson, where common fields were to be enclosed, the Major Part of the

Owners and Proprietors petitioned against the Bill, stating that they

were ‘very well satisfied with the Situation and Convenience of their

respective Lands and Properties in their present uninclosed State.’[45]

Even a majority of three-fourths in value was not always required; for

example, the Report of the Committee on the enclosure of Cartmel in

Lancashire in 1796 gave particulars showing that the whole property

belonging to persons interested in the enclosure was assessed at £150,

and that the property of those actually consenting to the enclosure was

just under £110.[46] Yet the enclosure was recommended and carried.

Another illustration is supplied by the Report of the Committee on

the enclosure of Histon and Impington in 1801, where the parties

concerned are reported to have consented except the proprietors of 1020

acres, out of a total acreage of 3680.[47] In this case the Bill was

recommitted, and on its next appearance the committee gave the consents

in terms of assessment to the Land Tax instead, putting the total

figure at £304, and the assessment of the consenting parties at £188.

This seems to have satisfied the House of Commons.[48] Further, the

particulars given in the case of the enclosure of Bishopstone in Wilts

(enclosed in 1809) show that the votes of copyholders were heavily

discounted. In this case the copyholders who dissented held 1079 acres,

the copyholders who were neuter 81 acres, and the total area to be

divided was 2602 acres. But by some ingenious actuarial calculation of

the reversionary interest of the lord of the manor and the interest

of the tithe-owner, the 1079 acres held by copyholders are written

down to 474 acres.[49] In the cases of Simpson and Louth, as readers

who consult the Appendix will see, the committees were satisfied with

majorities just above three-fifths in value. At Raunds (see p. 39),

where 4963 acres were ‘interested,’ the owners of 570 are stated to be

against, and of 721 neuter.[50] An interesting illustration of the lax

practice of the committees is provided in the history of an attempted

enclosure at Quainton (1801).[51] In any case the signatures were a

doubtful evidence of consent. ‘It is easy,’ wrote an acute observer,

‘for the large proprietors to overcome opposition. Coaxing, bribing,

threatening, together with many other acts which superiors will make

use of, often induce the inferiors to consent to things which they

think will be to their future disadvantage.’[52] We hear echoes of such

proceedings in the petition from various owners and proprietors at

Armley, who ‘at the instance of several other owners of land,’ signed

a petition for enclosure and wish to be heard against it, and also in

the unavailing petition of some of the proprietors and freeholders of

Winfrith Newburgh in Dorsetshire, in 1768,[53] who declared that if the

Bill passed into law, their ‘Estates must be totally ruined thereby,

and that some of the Petitioners by Threats and Menaces were prevailed

upon to sign the Petition for the said Bill: but upon Recollection,

and considering the impending Ruin,’ they prayed to ‘have Liberty to

retract from their seeming Acquiescence.’ From the same case we learn

that it was the practice sometimes to grant copyholds on the condition

that the tenant would undertake not to oppose enclosure. Sometimes, as

in the case of the Sedgmoor Enclosure, which we shall discuss later,

actual fraud was employed. But even if the promoters employed no unfair

methods they had one argument powerful enough to be a deterrent in many

minds. For an opposed Enclosure Bill was much more expensive than an

unopposed Bill, and as the small men felt the burden of the costs much

more than the large proprietors, they would naturally be shy of adding

to the very heavy expenses unless they stood a very good chance of

defeating the scheme.

It is of capital importance to remember in this connection that the

enumeration of ‘consents’ took account only of proprietors. It ignored

entirely two large classes to whom enclosure meant, not a greater or

less degree of wealth, but actual ruin. These were such cottagers as

enjoyed their rights of common in virtue of renting cottages to which

such rights were attached, and those cottagers and squatters who either

had no strict legal right, or whose rights were difficult of proof.

Neither of these classes was treated even outwardly and formally as

having any claim to be consulted before an enclosure was sanctioned.

It is clear, then, that it was only the pressure of the powerful

interests that decided whether a committee should approve or disapprove

of an Enclosure Bill. It was the same pressure that determined the

form in which a Bill became law. For a procedure that enabled rich men

to fight out their rival claims at Westminster left the classes that

could not send counsel to Parliament without a weapon or a voice. And

if there was no lawyer there to put his case, what prospect was there

that the obscure cottager, who was to be turned adrift with his family

by an Enclosure Bill promoted by a Member or group of Members, would

ever trouble the conscience of a committee of landowners? We have seen

already how this class was regarded by the landowners and the champions

of enclosure. No cottagers had votes or the means of influencing a

single vote at a single election. To Parliament, if they had any

existence at all, they were merely dim shadows in the very background

of the enclosure scheme. It would require a considerable effort of the

imagination to suppose that the Parliamentary Committee spent very much

time or energy on the attempt to give body and form to this hazy and

remote society, and to treat these shadows as living men and women,

about to be tossed by this revolution from their ancestral homes. As it

happens, we need not put ourselves to the trouble of such speculation,

for we have the evidence of a witness who will not be suspected

of injustice to his class. ‘This I know,’ said Lord Lincoln[54]

introducing the General Enclosure Bill of 1845, ‘that in nineteen

cases out of twenty, Committees of this House sitting on private Bills

neglected the rights of the poor. I do not say that they wilfully

neglected those rights--far from it: but this I affirm, that they were

neglected in consequence of the Committees being permitted to remain

in ignorance of the claims of the poor man, because by reason of his

very poverty he is unable to come up to London for counsel, to produce

witnesses, and to urge his claims before a Committee of this House.’

Another Member[55] had described a year earlier the character of this

private Bill procedure. ‘Inclosure Bills had been introduced heretofore

and passed without discussion, and no one could tell how many persons

had suffered in their interests and rights by the interference of these

Bills. Certainly these Bills had been referred to Committees upstairs,

but everyone knew how these Committees were generally conducted. They

were attended only by honourable Members who were interested in them,

being Lords of Manor, and the rights of the poor, though they might be

talked about, had frequently been taken away under that system.’

These statements were made by politicians who remembered well the

system they were describing. There is another witness whose authority

is even greater. In 1781 Lord Thurlow, then at the beginning of his

long life of office as Lord Chancellor,[56] spoke for an hour and three

quarters in favour of recommitting the Bill for enclosing Ilmington

in Warwickshire. If the speech had been fully reported it would be

a contribution of infinite value to students of the social history

of eighteenth-century England, for we are told that ‘he proceeded

to examine, paragraph by paragraph, every provision of the Bill,

animadverting and pointing out some acts of injustice, partiality,

obscurity or cause of confusion in each.’[57] Unfortunately this part

of his speech was omitted in the report as being ‘irrelative to the

debate,’ which was concerned with the question of the propriety of

commuting tithes. But the report, incomplete as it is, contains an

illuminating passage on the conduct of Private Bill Committees. ‘His

Lordship ... next turned his attention to the mode in which private

bills were permitted to make their way through both Houses, and that in

matters in which property was concerned, to the great injury of many,

if not the total ruin of some private families: many proofs of this

evil had come to his knowledge as a member of the other House, not a

few in his professional character, before he had the honour of a seat

in that House, nor had he been a total stranger to such evils since he

was called upon to preside in another place.’ Going on to speak of the

committees of the House of Commons and ‘the rapidity with which private

Bills were hurried through,’ he declared that ‘it was not unfrequent

to decide upon the merits of a Bill which would affect the property

and interests of persons inhabiting a district of several miles in

extent, in less time than it took him to determine upon the propriety

of issuing an order for a few pounds, by which no man’s property

could be injured.’ He concluded by telling the House of Lords a story

of how Sir George Savile once noticed a man ‘rather meanly habited’

watching the proceedings of a committee with anxious interest. When the

committee had agreed on its report, the agitated spectator was seen to

be in great distress. Sir George Savile asked him what was the matter,

and he found that the man would be ruined by a clause that had been

passed by the committee, and that, having heard that the Bill was to be

introduced, he had made his way to London on foot, too poor to come in

any other way or to fee counsel. Savile then made inquiries and learnt

that these statements were correct, whereupon he secured the amendment

of the Bill, ‘by which means an innocent, indigent man and his family

were rescued from destruction.’ It would not have been very easy for a

‘meanly habited man’ to make the journey to London from Wakefield or

Knaresborough or Haute Huntre, even if he knew when a Bill was coming

on, and to stay in London until it went into committee; and if he did,

he would not always be so lucky as to find a Sir George Savile on the

committee--the public man who was regarded by his contemporaries, to

whatever party they belonged, as the Bayard of politics.[58]

We get very few glimpses into the underworld of the common and obscure

people, whose homes and fortunes trembled on the chance that a quarrel

over tithes and the conflicting claims of squire and parson might

disturb the unanimity of a score of gentlemen sitting round a table.

London was far away, and the Olympian peace of Parliament was rarely

broken by the protests of its victims. But we get one such glimpse in a

passage in the _Annual Register_ for 1767.

‘On Tuesday evening a great number of farmers were observed going along

Pall Mall with cockades in their hats. On enquiring the reason, it

appeared they all lived in or near the parish of Stanwell in the county

of Middlesex, and they were returning to their wives and families to

carry them the agreeable news of a Bill being rejected for inclosing

the said common, which if carried into execution, might have been the

ruin of a great number of families.’[59]

When the Committee on the Enclosure Bill had reported to the House of

Commons, the rest of the proceedings were generally formal. The Bill

was read a third time, engrossed, sent up to the Lords, where petitions

might be presented as in the Commons, and received the Royal Assent.

A study of the pages of Hansard and Debrett tells us little about

transactions that fill the _Journals_ of the Houses of Parliament.

Three debates in the House of Lords are fully reported,[60] and they

illustrate the play of forces at Westminster. The Bishop of St.

Davids[61] moved to recommit an Enclosure Bill in 1781 on the ground

that, like many other Enclosure Bills, it provided for the commutation

of tithes--an arrangement which he thought open to many objections.

Here was an issue that was vital, for it concerned the interests of

the classes represented in Parliament. Did the Church stand to gain or

to lose by taking land instead of tithe? Was it a bad thing or a good

thing that the parson should be put into the position of a farmer, that

he should be under the temptation to enter into an arrangement with

the landlord which might prejudice his successor, that he should be

relieved from a system which often caused bad blood between him and his

parishioners? Would it ‘make him neglect the sacred functions of his

ministry’ as the Bishop of St. Davids feared, or would it improve his

usefulness by rescuing him from a situation in which ‘the pastor was

totally sunk in the tithe-collector’ as the Bishop of Peterborough[62]

hoped, and was a man a better parson on the Sunday for being a farmer

the rest of the week as Lord Coventry believed? The bishops and the

peers had in this discussion a subject that touched very nearly the

lives and interests of themselves and their friends, and there was a

considerable and animated debate,[63] at the end of which the House of

Lords approved the principle of commuting tithes in Enclosure Bills.

This debate was followed by another on 6th April, when Lord Bathurst

(President of the Council) as a counterblast to his colleague on the

Woolsack, moved, but afterwards withdrew, a series of resolutions on

the same subject. In the course of this debate Thurlow, who thought

perhaps that his zeal for the Church had surprised and irritated

his fellow-peers, among whom he was not conspicuous in life as a

practising Christian, explained that though he was zealous for the

Church, ‘his zeal was not partial or confined to the Church, further

than it was connected with the other great national establishments,

of which it formed a part, and no inconsiderable one.’ The Bishop

of St. Davids returned to the subject on the 14th June, moving to

recommit the Bill for enclosing Kington in Worcestershire. He read a

string of resolutions which he wished to see applied to all future

Enclosure Bills, in order to defend the interests of the clergy from

‘the oppressions of the Lord of the Manor, landowners, etc.’ Thurlow

spoke for him, but he was defeated by 24 votes to 4, his only other

supporters being Lord Galloway and the Bishop of Lincoln.

Thurlow’s story of Sir George Savile’s ‘meanly habited man’ did not

disturb the confidence of the House of Lords in the justice of the

existing procedure towards the poor: the enclosure debates revolve

solely round the question of the relative claims of the lord of the

manor and the tithe-owner. The House of Commons was equally free

from scruple or misgiving. One petitioner in 1800 commented on the

extraordinary haste with which a New Forest Bill was pushed through

Parliament, and suggested that if it were passed into law in this rapid

manner at the end of a session, some injustice might unconsciously be

done. The Speaker replied with a grave and dignified rebuke: ‘The House

was always competent to give every subject the consideration due to its

importance, and could not therefore be truly said to be incapable at

any time of discussing any question gravely, dispassionately, and with

strict regard to justice.’[64] He recommended that the petition should

be passed over as if it had never been presented. The member who had

presented the petition pleaded that he had not read it. Such were the

plausibilities and decorum in which the House of Commons wrapped up

its abuses. We can imagine that some of the members must have smiled

to each other like the Roman augurs, when they exchanged these solemn

hypocrisies.

We have a sidelight on the vigilance of the House of Commons, when an

Enclosure Bill came down from a committee, in a speech of Windham’s

in defence of bull-baiting. Windham attacked the politicians who

had introduced the Bill to abolish bull-baiting, for raising such a

question at a time of national crisis when Parliament ought to be

thinking of other things. He then went on to compare the subject to

local subjects that ‘contained nothing of public or general interest.

To procure the discussion of such subjects it was necessary to resort

to canvass and intrigue. Members whose attendance was induced by

local considerations in most cases of this description, were present:

the discussion, if any took place, was managed by the friends of

the measure: and the decision of the House was ultimately, perhaps,

a matter of mere chance.’ From Sheridan’s speech in answer, we

learn that this is a description of the passing of Enclosure Bills.

‘Another honourable gentleman who had opposed this Bill with peculiar

vehemence, considered it as one of those light and trivial subjects,

which was not worthy to occupy the deliberations of Parliament: and

he compared it to certain other subjects of Bills: that is to say,

bills of a local nature, respecting inclosures and other disposal of

property, which merely passed by chance, as Members could not be got

to attend their progress by dint of canvassing.’[65] Doubtless most

Members of the House of Commons shared the sentiments of Lord Sandwich,

who told the House of Lords that he was so satisfied ‘that the more

inclosures the better, that as far as his poor abilities would enable

him, he would support every inclosure bill that should be brought into

the House.’[66]

For the last act of an enclosure drama the scene shifts back to the

parish. The commissioners arrive, receive and determine claims,

and publish an award, mapping out the new village. The life and

business of the village are now in suspense, and the commissioners

are often authorised to prescribe the course of husbandry during the

transition.[67] The Act which they administer provides that a certain

proportion of the land is to be assigned to the lord of the manor, in

virtue of his rights, and a certain proportion to the owner of the

tithes. An occasional Act provides that some small allotment shall be

made to the poor: otherwise the commissioners have a free hand: their

powers are virtually absolute. This is the impression left by all

contemporary writers. Arthur Young, for example, writes emphatically

in this sense. ‘Thus is the property of proprietors, and especially of

the poor ones, entirely at their mercy: every passion of resentment

and prejudice may be gratified without control, for they are vested

with a despotic power known in no other branch of business in this

free country.’[68] Similar testimony is found in the Report of the

Select Committee (1800) on the Expense and Mode of Obtaining Bills of

Enclosure: ‘the expediency of despatch, without the additional expense

of multiplied litigation, has suggested the necessity of investing them

with a summary, and in most cases uncontrollable jurisdiction.’[69] In

the General Report of the Board of Agriculture on Enclosures, published

in 1808, though any more careful procedure is deprecated as likely to

cause delay, it is stated that the adjusting of property worth £50,000

was left to the arbitration of a majority of five, ‘often persons

of mean education.’ The author of _An Inquiry into the Advantages

and Disadvantages resulting from Bills of Inclosure_, published in

1781, writes as if it was the practice to allow an appeal to Quarter

Sessions; such an appeal he characterised as useless to a poor man,

and we can well believe that most of the squires who sat on such a

tribunal to punish vagrants or poachers had had a hand in an enclosure

in the past or had their eyes on an enclosure in the future. Thurlow

considered such an appeal quite inadequate, giving the more polite

reason that Quarter Sessions had not the necessary time.[70] The Act

of 1801 is silent on the subject, but Sinclair’s draft of a General

Inclosure Bill, published in the _Annals of Agriculture_ in 1796,[71]

provided for an appeal to Quarter Sessions. It will be seen that in

five of the cases analysed in the Appendix (Haute Huntre, Simpson,

Stanwell, Wakefield and Winfrith Newburgh), the decision of the

commissioners on claims was final, except that at Wakefield an objector

might oblige the commissioners to take the opinion of a counsel chosen

by themselves. In five cases (Ashelworth, Croydon, Cheshunt, Laleham

and Louth), a disappointed claimant might bring a suit on a feigned

issue against a proprietor. At Armley and Knaresborough the final

decision was left to arbitrators, but whereas at Armley the arbitrator

was to be chosen by a neutral authority, the Recorder of Leeds, the

arbitrators at Knaresborough were named in the Act, and were presumably

as much the nominees of the promoters as the commissioners themselves.

The statements of contemporaries already quoted go to show that none

of these arrangements were regarded as seriously fettering the power

of the commissioners, and it is easy to understand that a lawsuit,

which might of course overwhelm him, was not a remedy for the use of a

small proprietor or a cottager, though it might be of some advantage

to a large proprietor who had not been fortunate enough to secure

adequate representation of his interests on the Board of Commissioners.

But the decision as to claims was only part of the business. A man’s

claim might be allowed, and yet gross injustice might be done him in

the redistribution. He might be given inferior land, or land in an

inconvenient position. In ten of the cases in the Appendix the award

of the commissioners is stated to be final, and there is no appeal from

it. The two exceptions are Knaresborough and Armley. The Knaresborough

Act is silent on the point, and the Armley Act allows an appeal to the

Recorder of Leeds. So far therefore as the claims and allotments of

the poor were concerned, the commissioners were in no danger of being

overruled. Their freedom in other ways was restricted by the Standing

Orders of 1774, which obliged them to give an account of their expenses.

It would seem to be obvious that any society which had an elementary

notion of the meaning and importance of justice would have taken the

utmost pains to see that the men appointed to this extraordinary office

had no motive for showing partiality. This might not unreasonably

have been expected of the society about which Pitt declared in the

House of Commons, that it was the boast of the law of England that

it afforded equal security and protection to the high and low, the

rich and poor.[72] How were these commissioners appointed at the time

that Pitt was Prime Minister? They were appointed in each case before

the Bill was presented to Parliament, and generally, as Young tells

us, they were appointed by the promoters of the enclosure before the

petition was submitted for local signatures, so that in fact they

were nominated by the persons of influence who agreed on the measure.

In one case (Moreton Corbet in Shropshire; 1950 acres enclosed in

1797) the Act appointed one commissioner only, and he was to name

his successor. Sometimes, as in the case of Otmoor,[73] it might

happen that the commissioners were changed while the Bill was passing

through Committee, if some powerful persons were able to secure better

representation of their own interests. In the case of Wakefield again,

the House of Commons Committee placated Lord Strafford by giving him a

commissioner.

Now, who was supposed to have a voice in the appointment of the

commissioners? There is to be found in the _Annals of Agriculture_[74]

an extremely interesting paper by Sir John Sinclair, preliminary

to a memorandum of the General Enclosure Bill which he promoted in

1796. Sinclair explains that he had had eighteen hundred Enclosure

Acts (taken indiscriminately) examined in order to ascertain what

was the usual procedure and what stipulations were made with regard

to particular interests; this with the intention of incorporating

the recognised practice in his General Bill. In the course of these

remarks he says, ‘the probable result will be the appointment of one

Commissioner by the Lord of the Manor, of another by the tithe-owner,

and of a third by the major part in value of the proprietors.’[75] It

will be observed that the third commissioner is not appointed by a

majority of the commoners, nor even by the majority of the proprietors,

but by the votes of those who own the greater part of the village. This

enables us to assess the value of what might have seemed a safeguard

to the poor--the provision that the names of the commissioners should

appear in the Bill presented to Parliament. The lord of the manor, the

impropriator of tithes, and the majority in value of the owners are a

small minority of the persons affected by an enclosure, and all that

they have to do is to meet round a table and name the commissioners

who are to represent them.[76] Thus we find that the powerful persons

who carried an enclosure against the will of the poor nominated the

tribunal before which the poor had to make good their several claims.

This was the way in which the constitution that Pitt was defending

afforded equal security and protection to the rich and to the poor.

It will be noticed further that two interests are chosen out for

special representation. They are the lord of the manor and the

impropriator of tithes: in other words, the very persons who are

formally assigned a certain minimum in the distribution by the Act

of Parliament. Every Act after 1774 declares that the lord of the

manor is to have a certain proportion, and the tithe-owner a certain

proportion of the land divided: scarcely any Act stipulates that any

share at all is to go to the cottager or the small proprietor. Yet in

the appointment of commissioners the interests that are protected by

the Act have a preponderating voice, and the interests that are left

to the caprice of the commissioners have no voice at all. Thurlow,

speaking in the House of Lords in 1781,[77] said that it was grossly

unjust to the parson that his property should be at the disposal of

these commissioners, of whom he only nominated one. ‘He thanked God

that the property of an Englishman depended not on so loose a tribunal

in any other instance whatever.’ What, then, was the position of the

poor and the small farmers who were not represented at all among the

commissioners? In the paper already quoted, Sinclair mentions that

in some cases the commissioners were peers, gentlemen and clergymen,

residing in the neighbourhood, who acted without fees or emolument. He

spoke of this as undertaking a useful duty, and it does not seem to

have occurred to him that there was any objection to such a practice.

‘To lay down the principle that men are to serve for nothing,’ said

Cobbett, in criticising the system of unpaid magistrates, ‘puts me in

mind of the servant who went on hire, who being asked what wages he

demanded, said he wanted no wages: for that he always found about the

house little things to pick up.’

There is a curious passage in the General Report of the Board of

Agriculture[78] on the subject of the appointment of commissioners. The

writer, after dwelling on the unexampled powers that the commissioners

enjoy, remarks that they are not likely to be abused, because a

commissioner’s prospect of future employment in this profitable

capacity depends on his character for integrity and justice. This is

a reassuring reflection for the classes that promoted enclosures and

appointed commissioners, but it rings with a very different sound in

other ears. It would clearly have been much better for the poor if the

commissioners had not had any prospect of future employment at all. We

can obtain some idea of the kind of men whom the landowners considered

to be competent and satisfactory commissioners from the Standing Orders

of 1801, which forbade the employment in this capacity of the bailiff

of the lord of the manor. It would be interesting to know how much of

England was appropriated on the initiative of the lord of the manor, by

his bailiff, acting under the authority given to him by the High Court

of Parliament. It is significant, too, that down to 1801 a commissioner

was only debarred from buying land in a parish in which he had acted in

this capacity, until his award was made. The Act of 1801 debarred him

from buying land under such circumstances for the following five years.

The share of the small man in these transactions from first to last

can be estimated from the language of Arthur Young in 1770. ‘The small

proprietor whose property in the township is perhaps his all, has

little or no weight in regulating the clauses of the Act of Parliament,

has seldom, if ever, an opportunity of putting a single one in the Bill

favourable to his rights, and has as little influence in the choice of

Commissioners.’[79] But even this description does less than justice

to his helplessness. There remains to be considered the procedure

before the commissioners themselves. Most Enclosure Acts specified a

date before which all claims had to be presented. It is obvious that

there must have been very many small proprietors who had neither the

courage nor the knowledge necessary to put and defend their case, and

that vast numbers of claims must have been disregarded because they

were not presented, or because they were presented too late, or because

they were irregular in form. The Croydon Act, for example, prescribes

that claimants must send in their claims ‘in Writing under their Hands,

or the Hands of their Agents, distinguishing in such Claims the Tenure

of the Estates in respect whereof such Claims are made, and stating

therein such further Particulars as shall be necessary to describe

such Claims with Precision.’ And if this was a difficult fence for the

small proprietor, unaccustomed to legal forms and documents, or to

forms and documents of any kind, what was the plight of the cottager?

Let us imagine the cottager, unable to read or write, enjoying certain

customary rights of common without any idea of their origin or history

or legal basis: knowing only that as long as he can remember he has

kept a cow, driven geese across the waste, pulled his fuel out of the

neighbouring brushwood, and cut turf from the common, and that his

father did all these things before him. The cottager learns that before

a certain day he has to present to his landlord’s bailiff, or to the

parson, or to one of the magistrates into whose hands perhaps he has

fallen before now over a little matter of a hare or a partridge, or to

some solicitor from the country town, a clear and correct statement

of his rights and his claim to a share in the award. Let us remember

at the same time all that we know from Fielding and Smollett of the

reputation of lawyers for cruelty to the poor. Is a cottager to be

trusted to face the ordeal, or to be in time with his statement, or to

have that statement in proper legal form? The commissioners can reject

his claim on the ground of any technical irregularity, as we learn

from a petition presented to Parliament in 1774 by several persons

interested in the enclosure of Knaresborough Forest, whose claims

had been disallowed by the commissioners because of certain ‘mistakes

made in the description of such tenements ... notwithstanding the said

errors were merely from inadvertency, and in no way altered the merits

of the petitioners’ claims.’ A Bill was before Parliament to amend

the previous Act for enclosing Knaresborough Forest, in respect of

the method of payment of expenses, and hence these petitioners had an

opportunity of making their treatment public.[80] It is easy to guess

what was the fate of many a small proprietor or cottager, who had to

describe his tenement or common right to an unsympathetic tribunal.

We are not surprised that one of the witnesses told the Enclosure

Committee of 1844 that the poor often did not know what their claims

were, or how to present them. It is significant that in the case of

Sedgmoor, out of 4063 claims sent in, only 1798 were allowed.[81]

* * * * *

We have now given an account of the procedure by which Parliamentary

enclosures were carried out. We give elsewhere a detailed analysis,

disentangled from the _Journals_ of Parliament and other sources, of

particular enclosures. We propose to give here two illustrations of the

temper of the Parliamentary Committees. One illustration is provided by

a speech made by Sir William Meredith, one of the Rockingham Whigs, in

1772, a speech that needs no comment. ‘Sir William Meredith moved, That

it might be a general order, that no Bill, or clause in a Bill, making

any offence capital, should be agreed to but in a Committee of the

whole House. He observed, that at present the facility of passing such

clauses was shameful: that he once passing a Committee-room, when only

one Member was holding a Committee, with a clerk’s boy, he happened

to hear something of hanging; he immediately had the curiosity to ask

what was going forward in that small Committee that could merit such a

punishment? He was answered, that it was an Inclosing Bill, in which

a great many poor people were concerned, who opposed the Bill; that

they feared those people would obstruct the execution of the Act, and

therefore this clause was to make it capital felony in anyone who did

so. This resolution was unanimously agreed to.’[82]

The other illustration is provided by the history of an attempted

enclosure in which we can watch the minds of the chief actors without

screen or disguise of any kind: in this case we have very fortunately a

vivid revelation of the spirit and manner in which Committees conducted

their business, from the pen of the chairman himself. George Selwyn

gives us in his letters, published in the _Carlisle Papers_, a view

of the proceedings from the inside. It is worth while to set out in

some detail the passages from these letters published in the _Carlisle

Papers_, by way of supplementing and explaining the official records of

the House of Commons.

We learn from the _Journals_ of the House of Commons that, on 10th

November, 1775, a petition was presented to the House of Commons

for the enclosure of King’s Sedgmoor, in the County of Somerset,

the petitioners urging that this land was of very little value in

its present state, and that it was capable of great improvement by

enclosure and drainage. Leave was given to bring in a Bill, to be

prepared by Mr. St. John and Mr. Coxe. Mr. St. John was brother of

Lord Bolingbroke. On 13th November, the Bill was presented and read

a first time. Four days later it received a second reading, and was

sent to a Committee of Mr. St. John and others. At this point, those

who objected to the enclosure began to take action. First of all there

is a petition from William Waller, Esq., who says that under a grant

of Charles I. he is entitled to the soil of the moor: it is agreed

that he shall be heard by counsel before the Committee. The next day

there arrives a petition from owners and occupiers in thirty-five

‘parishes, hamlets and places,’ who state that all these parishes have

enjoyed rights of common without discrimination over the 18,000 acres

of pasture on Sedgmoor: that these rights of pasture and cutting turf

and rushes and sedges have existed from time immemorial, and that no

Enclosure Act is wanted for the draining of Sedgmoor, because an Act of

the reign of William III. had conferred all the necessary powers for

this purpose on the Justices of the Peace. The petitioners prayed to be

heard by themselves and counsel against the application for enclosure

on Committee and on Report. The House of Commons ordered that the

petition should lie on the Table, and that the petitioners should be

heard when the Report had been received from Committee. Five days later

three lords of manors (Sir Charles Kemys Tynte, Baronet, Copleston

Warre Bampfylde, Esq., and William Hawker, Esq.) petition against the

Bill and complain of the haste with which the promoters are pushing

the Bill through Parliament. This petition is taken more seriously: a

motion is made and defeated to defer the Bill for two months, but the

House orders that the petitioners shall be heard before the Committee.

Two of these three lords of manor present a further petition early in

December, stating that they and their tenants are more than a majority

in number and value of the persons interested, and a second petition

is also presented by the thirty-seven parishes and hamlets already

mentioned, in which it is contended that, in spite of the difficulties

of collecting signatures in a scattered district in a very short time,

749 persons interested had already signed the petition against the

Bill, that the effect of the Bill had been misrepresented to many of

the tenants, that the facts as to the different interests affected had

been misrepresented to the Committee, that the number and rights of

the persons supporting the Bill had been exaggerated (only 213 having

signed their names as consenting), and that if justice was to be done

to the various parties concerned, it was essential that time should be

given for the hearing of complaints and the circulation of the Bill in

the district. This petition was presented on 11th December, and the

House of Commons ordered that the petitioners should be heard when the

Report was received. Next day Mr. Selwyn, as Chairman of the Committee,

presented a Report in favour of the Bill, mentioning among other things

that the number of tenements concerned was 1269, and that 303 refused

to sign; but attention was drawn to the fact that there were several

variations between the Bill as it was presented to the House, and the

Bill as it was presented to the parties concerned for their consent,

and on this ground the Bill was defeated by 59 to 35 votes.

This is the cold impersonal account of the proceedings given in the

official journals, but the letters of Selwyn take us behind the scenes

and supply a far livelier picture.[83] His account begins with a letter

to Lord Carlisle in November:

‘Bully has a scheme of enclosure, which, if it succeeds, I am told

will free him from all his difficulties. It is to come into our House

immediately. If I had this from a better judgment than that of our

sanguine counsellors, I should have more hopes from it. I am ready to

allow that he has been very faulty, but I cannot help wishing to see

him once more on his legs....’

(Bully, of course, is Bolingbroke, brother of St. John, called the

counsellor, author of the Bill.) We learn from this letter that there

are other motives than a passion to drain Sedgmoor in the promotion of

this great improvement scheme. We learn from the next letter that it is

not only Bully’s friends and creditors who have some reason for wishing

it well:

‘Stavordale is returning to Redlinch; I believe that he sets out

to-morrow. He is also deeply engaged in this Sedgmoor Bill, and it

is supposed that he or Lord Ilchester, which you please, will get

2000_l._ a year by it. He will get more, or save more at least, by

going away and leaving the Moor in my hands, for he told me himself

the other night that this last trip to town had cost him 4000_l._’

Another letter warns Lord Carlisle that the only way to get his

creditors to pay their debts to him, when they come into their money

through the enclosure, is to press for payment, and goes on to describe

the unexpected opposition the Bill had encountered. Selwyn had been

made chairman of the Committee.

‘... My dear Lord, if your delicacy is such that you will not be

pressing with him about it, you may be assured that you will never

receive a farthing. I have spoke to Hare about it, who [was] kept

in it till half an hour after 4; as I was also to-day, and shall be

to-morrow. I thought that it was a matter of form only, but had no

sooner begun to read the preamble to the Bill, but I found myself in a

nest of hornets. The room was full, and an opposition made to it, and

disputes upon every word, which kept me in the Chair, as I have told

you. I have gained it seems great reputation, and am at this minute

reputed one of the best Chairmen upon this stand. Bully and Harry came

home and dined with me....’

The next letter, written on 9th December, shows that Selwyn is afraid

that Stavordale may not get his money out of his father, and also that

he is becoming still more anxious about the fate of the Enclosure Bill,

on which of course the whole pack of cards depends:

‘... I have taken the liberty to talk a good deal to Lord Stavordale,

partly for his own sake and partly for yours, and pressed him much to

get out of town as soon as possible, and not quit Lord I. [Ilchester]

any more. His attention there cannot be of long duration, and his

absence may be fatal to us all. I painted it in very strong colours,

and he has promised me to go, as soon as this Sedgmoor Bill is

reported. I moved to have Tuesday fixed for it. We had a debate and

division upon my motion, and this Bill will at last not go down so

glibly as Bully hoped that it would. It will meet with more opposition

in the H. of Lords, and Lord North being adverse to it, does us no

good. Lord Ilchester gets, it is said, £5000 a year by it, and amongst

others Sir C. Tynte something, who, for what reason I cannot yet

comprehend, opposes it....’

The next letter describes the final catastrophe:

‘December 12. Tuesday night.... Bully has lost his Bill. I reported

it to-day, and the Question was to withdraw it. There were 59 against

us, and we were 35. It was worse managed by the agents, supposing no

treachery, than ever business was. Lord North, Robinson, and Keene

divided against. Charles[84] said all that could be said on our side.

But as the business was managed, it was the worst Question that I

ever voted for. We were a Committee absolutely of Almack’s,[85] so

if the Bill is not resumed, and better conducted and supported, this

phantom of 30,000_l._ clear in Bully’s pocket to pay off his annuities

vanishes.

‘It is surprising what a fatality attends some people’s proceedings.

I begged last night as for alms, that they would meet me to settle

the Votes. I have, since I have been in Parliament, been of twenty

at least of these meetings, and always brought numbers down by those

means. But my advice was slighted, and twenty people were walking

about the streets who could have carried this point.

‘The cause was not bad, but the Question was totally indigestible.

The most conscientious man in the House in Questions of this nature,

Sir F. Drake, a very old acquaintance of mine, told me that nothing

could be so right as the enclosure. But they sent one Bill into

the country for the assent of the people interested, and brought

me another, differing in twenty particulars, to carry through the

Committee, without once mentioning to me that the two Bills differed.

This they thought was cunning, and I believe a happy composition of

Bully’s cunning and John’s idea of his own parts. I had no idea, or

could have, of this difference. The adverse party said nothing of it,

_comme de raison_, reserving the objection till the Report, and it

was insurmountable. If one of the Clerks only had hinted it to me,

inexperienced as I am in these sort of Bills, I would have stopped it,

and by that means have given them a better chance by a new Bill than

they can have now, that people will have a pretence for not altering

their opinion....’

These letters compensate for the silence of Hansard, so real and

instructive a picture do they present of the methods and motives of

enclosure. ‘Bully has a scheme of enclosure which, if it succeeds, I

am told will free him from all his difficulties.’ The journals may talk

of the undrained fertility of Sedgmoor, but we have in this sentence

the aspect of the enclosure that interests Selwyn, the Chairman of

the Committee, and from beginning to end of the proceedings no other

aspect ever enters his head. And it interests a great many other people

besides Selwyn, for Bully owes money; so too does Stavordale, another

prospective beneficiary: he owes money to Fox, and Fox owes money to

Carlisle. Now Bully and Stavordale are not the only eighteenth-century

aristocrats who are in difficulties; the waiters at Brooks’s and at

White’s know that well enough, as Selwyn felt when, on hearing that

one of them had been arrested for felony, he exclaimed, ‘What an idea

of us he will give in Newgate.’ Nor is Bully the only aristocrat in

difficulties whose thoughts turn to enclosure; Selwyn’s letters alone,

with their reference to previous successes, would make that clear. It

is here that we begin to appreciate the effect of our system of family

settlements in keeping the aristocracy together. These young men, whose

fortunes come and go in the hurricanes of the faro table, would soon

have dissipated their estates if they had been free to do it; as they

were restrained by settlements, they could only mortgage them. But

there is a limit to this process, and after a time their debts begin

to overwhelm them; perhaps also too many of their fellow gamblers are

their creditors to make Brooks’s or White’s quite as comfortable a

place as it used to be, for we may doubt whether all of these creditors

were troubled with Lord Carlisle’s morbid delicacy of feeling. Happily

there is an escape from this painful situation: a scheme of enclosure

which will put him ‘once more on his legs.’ The other parties concerned

are generally poor men, and there is not much danger of failure. Thus

if we trace the adventures of the gaming table to their bitter end, we

begin to understand that these wild revellers are gambling not with

their own estates but with the estates of their neighbours. This is the

only property they can realise. _Quidquid delirant reges plectuntur

Achivi._

The particular obstacle on which the scheme split was a fraudulent

irregularity: the Bill submitted for signature to the inhabitants

differing seriously (in twenty particulars) from the Bill presented

to Parliament. Selwyn clearly attached no importance at all to the

Petitions that were received against the Bill, or to the evidence of

its local unpopularity. It is clear too, that it was very rare for a

scheme like this to miscarry, for, speaking of his becoming Chairman

of the Committee, he adds, ‘I thought it was a matter of form only.’

Further with a little care this project would have weathered the

discovery of the fraud of which the authors were guilty. ‘I begged

last night as for alms that they would meet us to settle the Votes.

I have, since I have been in Parliament, been of twenty at least of

these meetings, and always brought numbers down by these means. But my

advice was slighted, and twenty people were walking about the streets

who could have carried this point.’ In other words, the Bill would

have been carried, all its iniquities notwithstanding, if only Bully’s

friends had taken Selwyn’s advice and put themselves out to go down

to Westminster. So little impression did this piece of trickery make

on the mind of the Chairman of the Committee, that he intended to the

last, by collecting his friends, to carry the Bill, for the fairness

and good order of which he was responsible, through the House of

Commons. This glimpse into the operations of the Committee enables us

to picture the groups of comrades who sauntered down from Almack’s of

an afternoon to carve up a manor in Committee of the House of Commons.

We can see Bully’s friends meeting round the table in their solemn

character of judges and legislators, to give a score of villages to

Bully, and a dozen to Stavordale, much as Artaxerxes gave Magnesia to

Themistocles for his bread, Myus for his meat and Lampsacus for his

wine. And if those friends happened to be Bully’s creditors as well,

it would perhaps not be unjust to suppose that their action was not

altogether free from the kind of gratitude that inspired the bounty of

the great king.[86]

FOOTNOTES:

[33] _E.g._ Laxton enclosed on petition of Lord Carbery in 1772. Total

area 1200 acres. Enclosure proceedings completed in the Commons in

nineteen days. Also Ashbury, Berks, enclosed on petition of Lord Craven

in 1770. There were contrary petitions. Also Nylands, enclosed in 1790

on petition of the lady of the manor. Also Tilsworth, Beds, enclosed

on petition of Charles Chester, Esq., 1767, and Westcote, Bucks, on

petition of the most noble George, Duke of Marlborough, January 24,

1765. Sometimes the lord of the manor associated the vicar with his

petition: thus Waltham, Croxton and Braunston, covering 5600 acres, in

Leicestershire, were all enclosed in 1766 by the Duke of Rutland and

the local rector or vicar. The relations of Church and State are very

happily illustrated by the language of the petitions, ‘A petition of

the most noble John, Duke of Rutland, and the humble petition’ of the

Rev. ---- Brown or Rastall or Martin.

[34] This Standing Order does not seem to have been applied

universally, for Mr. Bragge on December 1, 1800, made a motion that it

should be extended to the counties where it had not hitherto obtained.

See _Senator_, vol. xxvii., December 1, 1800.

[35] See particulars in Appendix.

[36] _A Six Months’ Tour through the North of England_, 1771, vol. i.

p. 122.

[37] Pp. 21 f.

[38] Cf. Otmoor in next chapter.

[39] See Appendix.

[40] See Appendix.

[41] See _House of Commons Journal_.

[42] Eden, _The State of the Poor_, vol. ii. p. 157.

[43] Eden, writing a few years later, remarks that since the enclosure

‘the property in Holy Island has gotten into fewer hands,’ vol. ii. p.

149.

[44] Report of Select Committee on Most Effectual Means of Facilitating

Enclosure, 1800.

[45] Cf. also Wraisbury in Bucks, _House of Commons Journal_, June 17,

1799, where the petitioners against the Bill claimed that they spoke

on behalf of ‘by much the greatest Part of the Proprietors of the said

Lands and Grounds,’ yet in the enumeration of consents the committee

state that the owners of property assessed at £6, 18s. are hostile out

of a total value of £295, 14s.

[46] _House of Commons Journal_, March 21, 1796.

[47] _House of Commons Journal_, June 10, 1801; cf. also case of

Laleham. See Appendix.

[48] _Ibid._, June 15, 1801.

[49] _Ibid._, May 3, 1809.

[50] _Ibid._, June 29, 1797.

[51] See Appendix A (13).

[52] _A Political Enquiry into the Consequences of enclosing Waste

Lands_, 1785, p. 108.

[53] See Appendix A (12).

[54] House of Commons, May 1, 1845.

[55] Aglionby, House of Commons, June 5, 1844.

[56] Thurlow was Chancellor from 1778 to 1783 (when Fox contrived to

get rid of him) and from 1783 to 1792.

[57] _Parliamentary Register_, House of Lords, March 30, 1781.

[58] Sir George Savile (1726-1784), M.P. for Yorkshire, 1759-1783;

carried the Catholic Relief Bill, which provoked the Gordon Riots, and

presented the great Yorkshire Petition for Economical Reform.

[59] _Annual Register_, 1867, p. 68. For a detailed history of the

Stanwell Enclosure, see Appendix A (10). Unhappily the farmers were

only reprieved; Stanwell was enclosed at the second attempt.

[60] See _Parliamentary Register_, House of Lords, March 30, 1781;

April 6, 1781; June 14, 1781.

[61] John Warren (1730-1800).

[62] John Hinchcliffe (1731-1794), at one time Master of Trinity

College, Cambridge.

[63] _Parliamentary Register_, March 30, 1781.

[64] _Senator_, vol. xxvi., July 2, 1800.

[65] For both speeches see _Parliamentary Register_, May 24, 1802.

[66] _Ibid._, June 14, 1781.

[67] See Cheshunt, Louth, Simpson, and Stanwell in Appendix.

[68] _Six Months’ Tour through the North of England_, 1771, vol. i. p.

122.

[69] See _Annual Register_, 1800, Appendix to Chronicle, p. 87.

[70] _Parliamentary Register_, June 14, 1781.

[71] _Annals of Agriculture_, vol. xxvi. p. 111.

[72] February 1, 1793.

[73] See Chapter iv.

[74] Vol. xxvi. p. 70.

[75] Sinclair’s language shows that this was the general arrangement.

Of course there are exceptions. See _e.g._ Haute Huntre and other cases

in Appendix.

[76] Cf. Billingsley’s _Report on Somerset_, p. 59, where the

arrangements are described as ‘a _little system of patronage_. The

lord of the soil, the rector, and a few of the principal commoners,

monopolize and distribute the appointments.’

[77] _Parliamentary Register_, June 14, 1781.

[78] _General Report on Enclosures_, 1808.

[79] _Six Months’ Tour through the North of England_, vol. i. p. 122.

[80] See Appendix A (6).

[81] _Report on Somerset_, p. 192.

[82] _Parliamentary Register_, January 21, 1772.

[83] _Carlisle MSS._; _Historical MSS. Commission_, pp. 301 ff.

[84] Charles James Fox.

[85] The earlier name of Brooks’s Club.

[86] For the subsequent history of King’s Sedgmoor, see Appendix A

(14).

The village labourer, 1760-1832 A study in the government of England before the Reform Bill · 第 3 / 15 章